Through his lawyer Tom Ojienda, Kidero has written to Police Commissioner Mathew Iteere asking him to probe claims that he has hired assassins to eliminate Omtatah over a constitutional petition filed in court regarding a piece of land in Mumias.

“On 6th and 7th February 2012, one Okiya Omtatah Okoiti made extremely libellous statements orally and via text message to the effect that Dr Evans Kidero has hired assassins to kill him due to his involvement in the recently filed constitutional petition relating to Land Reference number Bukhayo/Nasewa/1500,” the letter reads in part.

The text message Omtatah allegedly sent to various people about the plot to assassinate him has been forwarded to Mr Iteere.

“These statements/words are extremely defamatory and are meant to harm the reputation of Dr Evans Kidero so as to lower him in the estimation of the community or to deter third parties from associating with him,” Kidero’s lawyer states in the letter dated February 8.

The letter is copied to the Western Provincial Police and CID chiefs as well as Busia divisional police and criminal investigation chiefs.

“We urge that your office undertakes a full investigation of this matter, given that the said allegations are completely false. We believe that Mr Omtatah may have committed an offence under the provisions of the penal code,” Kidero adds, and assured police of his availability should he be needed for questioning.

Apart from writing to the commissioner of police, Kidero has also indicated he intends to sue Omtatah if he fails to apologise.

“We have instructions to demand, which we hereby do, that you immediately retract the said statements and apologise in writing within fourteen days upon receipt of this letter. We shall proceed to institute appropriate legal proceedings against you at the expiry of this period if we don’t receive the aforesaid apology,” Ojienda wrote.

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When contacted, Omtatah maintained that there was a plot to eliminate him and even claimed he had been given police protection.

“What should I apologise about? I will stand my ground because I received information from a person who learnt that Kidero was planning to kill me. In fact, he told me assassins had been hired and that is why I reported the matter and I am now being protected by the CID,” Omtatah told Capital News on telephone from Busia.

“Tomorrow (Friday) I am travelling back and I will be handed over to CID officers in Naivasha who will escort me to Nairobi. I still fear for my life, this is a very serious matter,” Omtatah added and claimed that Kidero had tried to reach out to him to negotiate about the court case.

“I could not negotiate at all, I declined and I am ready to face the police, let the matter proceed to court,” he insisted.

Kidero’s lawyer maintains that the transaction for the land in question between Busia Sugar Company and Mumias Sugar Company were above board.

“My client has nothing to hide and shall fully participate in the court proceedings and respect the outcome of the judicial process. Therefore, it is extremely malicious and utterly contemptuous for you to make false and unfounded allegations against my client,” Ojienda states in the documents in our possession.